On March 20, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Perez, Esperanza,
and
Brown, Tawna,
Bruun, Tawna,
Does 1 Through 50,
Kaiser Foundation Health Plan Inc A California Corporation,
Kaiser Foundation Hospitals A California Corporation,
Southern California Permanente Medical Group Inc., A Caifornia Corporation,
for Wrongful Termination Unlimited
in the District Court of San Bernardino County.
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ELECTRONICALLY FILED
Michele Ballard Miller (SBN 104198) SUPERIOR COURT OF CALIFORNIA
mbmiller@cozen.com COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT
Ethan W. Chemin (SBN) 273906
echernin@cozen.com 1/30/2024 6:17 PM
COZEN O'CONNOR
401 Wilshire Boulevard, Suite 850 By: Aradelsi Rizo, DEPUTY
Santa Monica, California 90401
Telephone: 3 10.393.4000
Facsimile: 3 10.394.4700
Attorneys for Defendants
KAISER FOUNDATION HOSPITALS, KAISER
FOUNDATION HEALTH PLAN, INC.,
SOUTHERN CALIFORNIA PERMANENTE
MEDICAL GROUP, and TAWNA BRUUN
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF SAN BERNARDINO
12
90401
13 ESPERANZA PEREZ, Case No.2 CIVDS 1 920836
CONNOR
BOULEVARD
CA
850
Plaintiff,
O’
WILSHIRE
SUITE
MONICA.
14 [Assigned to the Hon. Hon. Thomas S Garza,
COZEN
SANTA
Dept. $27]
401 vs.
15
KAISER FOUNDATION HOSPITALS, a DECLARATION OF ETHAN CHERNIN
16
California Corporation; KAISER IN SUPPORT OF DEFENDANTS’
FOUNDATION HEALTH PLAN, INC., a NOTICE OF NON—OPPOSITION TO
17
California Corporation; and SOUTHERN THEIR MOTION TO COMPEL MENTAL
CALIFORNIA PERMANENTE MEDICAL EXAMINATION
18
GROUP, INC, a California Corporation;
19 TAWNA BRUUN, an Individual; and DOES 1 Date: February 6, 2024
through 50, Inclusive, , Time: 8:30 a.m.
20 Place: 827
Defendants.
21 Action Filed: March 20, 2019
Trial Date: March 11, 2024
22
23
24
25
26
27
28
LEGAL\66443925\1
DECLARATION OF ETHAN CHERNIN IN SUPPORT OF DEFENDANTS’ NOTICE OF NON-
OPPOSITION TO THEIR MOTION TO COMPEL MENTAL EXAMINATION - CASE NO. CIVDSl920836
LEGAL\682 1 9050\1
I, Ethan Chemin, declare:
1. I am an attorney at law licensed to practice before all courts of the State 0f California
and before this Court. I am a member 0f the law firm Cozen O'Connor, and am one of the attorneys
ofrecord for Defendant Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., Southern
California Permanente Medical Group, and Tawna Bruun (collectively “Defendants”), in the above-
captioned matter.
2. Ihave personal knowledge 0f the matters contained in this declaration, and if called
t0 d0 so, can testify competently t0 the same.
3. To my knowledge, Plaintiff did not file nor serve any opposition to Defendants’
Motion t0 Compel the Plaintiff t0 appear for an independent mental health examination (the
10
“Motion”).
11
4. A true and correct copy 0f the email correspondence chain between my office and
12
Plaintiffs counsel, Twila White dated January 5, 2024, in Which Ms. White agreed to send over a
CONNOR
BOULEVARD
90401
13
850
CA signed copy of the proposed Stipulation for Plaintiffs independent mental health examination
O’
WILSHIRE
SUITE
MONICA.
14
(“IME”), is attached here as Exhibit L.
COZEN
SANTA
401
15
5. A true and correct copy of the email correspondence chain between my office and
16
Ms. White dated January 5, 2024, in Which I offered t0 take the Motion off calendar if Ms. White
17
sent over a signed copy of the Stipulation for Plaintiff s IME, is attached here as Exhibit M.
18
6. Ms. White unilaterally revised the terms of the parties’ proposed Stipulation for
19
Plaintiff’ s IME, materially altering the terms of the parties’ agreement, and signed the revised copy.
20 A true and correct copy of Ms. White’s email correspondence to my office, including its attachment
21 0f the revised copy of the Stipulation, is attached here as Exhibit N.
22 7. To review the changes unilaterally made by Ms. White, my office compared the
23 version of the proposed Stipulation that was previously circulated to Ms. White’s revised version.
24 A true and correct copy 0f the Stipulation With redlines to show the changes made by Ms. White is
25 attached as Exhibit O.
26 8. It is impossible for the medical examiner t0 complete his examination and testing
27 Within 4 hours, particularly as Plaintiff requires Spanish language translation. I am informed and
28
LEGAL\66443925\1 2
DECLARATION OF ETHAN CHERNIN IN SUPPORT OF DEFENDANTS’ NOTICE OF NON-
OPPOSITION TO THEIR MOTION TO COMPEL MENTAL EXAMINATION - CASE NO. CIVDSl920836
LEGAL\682 1 9050\1
Preview
ELECTRONICALLY FILED Michele Ballard Miller (SBN 104198) SUPERIOR COURT OF CALIFORNIA mbmiller@cozen.com COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT Ethan W. Chemin (SBN) 273906 echernin@cozen.com 1/30/2024 6:17 PM COZEN O'CONNOR 401 Wilshire Boulevard, Suite 850 By: Aradelsi Rizo, DEPUTY Santa Monica, California 90401 Telephone: 3 10.393.4000 Facsimile: 3 10.394.4700 Attorneys for Defendants KAISER FOUNDATION HOSPITALS, KAISER FOUNDATION HEALTH PLAN, INC., SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP, and TAWNA BRUUN 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SAN BERNARDINO 12 90401 13 ESPERANZA PEREZ, Case No.2 CIVDS 1 920836 CONNOR BOULEVARD CA 850 Plaintiff, O’ WILSHIRE SUITE MONICA. 14 [Assigned to the Hon. Hon. Thomas S Garza, COZEN SANTA Dept. $27] 401 vs. 15 KAISER FOUNDATION HOSPITALS, a DECLARATION OF ETHAN CHERNIN 16 California Corporation; KAISER IN SUPPORT OF DEFENDANTS’ FOUNDATION HEALTH PLAN, INC., a NOTICE OF NON—OPPOSITION TO 17 California Corporation; and SOUTHERN THEIR MOTION TO COMPEL MENTAL CALIFORNIA PERMANENTE MEDICAL EXAMINATION 18 GROUP, INC, a California Corporation; 19 TAWNA BRUUN, an Individual; and DOES 1 Date: February 6, 2024 through 50, Inclusive, , Time: 8:30 a.m. 20 Place: 827 Defendants. 21 Action Filed: March 20, 2019 Trial Date: March 11, 2024 22 23 24 25 26 27 28 LEGAL\66443925\1 DECLARATION OF ETHAN CHERNIN IN SUPPORT OF DEFENDANTS’ NOTICE OF NON- OPPOSITION TO THEIR MOTION TO COMPEL MENTAL EXAMINATION - CASE NO. CIVDSl920836 LEGAL\682 1 9050\1 I, Ethan Chemin, declare: 1. I am an attorney at law licensed to practice before all courts of the State 0f California and before this Court. I am a member 0f the law firm Cozen O'Connor, and am one of the attorneys ofrecord for Defendant Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., Southern California Permanente Medical Group, and Tawna Bruun (collectively “Defendants”), in the above- captioned matter. 2. Ihave personal knowledge 0f the matters contained in this declaration, and if called t0 d0 so, can testify competently t0 the same. 3. To my knowledge, Plaintiff did not file nor serve any opposition to Defendants’ Motion t0 Compel the Plaintiff t0 appear for an independent mental health examination (the 10 “Motion”). 11 4. A true and correct copy 0f the email correspondence chain between my office and 12 Plaintiffs counsel, Twila White dated January 5, 2024, in Which Ms. White agreed to send over a CONNOR BOULEVARD 90401 13 850 CA signed copy of the proposed Stipulation for Plaintiffs independent mental health examination O’ WILSHIRE SUITE MONICA. 14 (“IME”), is attached here as Exhibit L. COZEN SANTA 401 15 5. A true and correct copy of the email correspondence chain between my office and 16 Ms. White dated January 5, 2024, in Which I offered t0 take the Motion off calendar if Ms. White 17 sent over a signed copy of the Stipulation for Plaintiff s IME, is attached here as Exhibit M. 18 6. Ms. White unilaterally revised the terms of the parties’ proposed Stipulation for 19 Plaintiff’ s IME, materially altering the terms of the parties’ agreement, and signed the revised copy. 20 A true and correct copy of Ms. White’s email correspondence to my office, including its attachment 21 0f the revised copy of the Stipulation, is attached here as Exhibit N. 22 7. To review the changes unilaterally made by Ms. White, my office compared the 23 version of the proposed Stipulation that was previously circulated to Ms. White’s revised version. 24 A true and correct copy 0f the Stipulation With redlines to show the changes made by Ms. White is 25 attached as Exhibit O. 26 8. It is impossible for the medical examiner t0 complete his examination and testing 27 Within 4 hours, particularly as Plaintiff requires Spanish language translation. I am informed and 28 LEGAL\66443925\1 2 DECLARATION OF ETHAN CHERNIN IN SUPPORT OF DEFENDANTS’ NOTICE OF NON- OPPOSITION TO THEIR MOTION TO COMPEL MENTAL EXAMINATION - CASE NO. CIVDSl920836 LEGAL\682 1 9050\1